obama to head the fbi. on tuesday, he told an fbi judiciary committee that he now sees waterboarding as a form of torture, a shift from 2005 when he signed off on a memo justifying its use. he also gave his backing to president obama's to round program, saying it is under sufficient oversight. he is well known for reauthorizing the president spy program while forcing the bush administration to make changes. we will have more on his confirmation hearings later in the broadcast. a group of same-sex couples have filed suit challenging pennsylvania same-sex marriage ban, the first case over seat -- seeking to overturn a gay marriage ban since last month's right.n to defend that in julia lubork spoke from the pennsylvania capitol in harrisburg. >> there is public sentiment here that is rolling ever forward toward freedom to marry. >> it is a tragedy that talented, loving, productive citizens have to leave the state because their marriage is not recognized. >> the aclu plans to file similar cases in virginia and